36C24824Q1098.docx
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- 6515--SCI Beds Federal contract opportunity
- Solicitation number
- 36C24824Q1098
About this file
This document is a solicitation (Solicitation Number: 36C24824Q1098) for the Department of Veterans Affairs to acquire Spinal Cord Injury (SCI) specialty beds. The VA is seeking 80 beds to replace existing beds in the acute and long-term care units at the James A. Haley Veterans' Hospital in Tampa, Florida. The beds must meet specific technical and performance requirements outlined in the Statement of Need, including features such as USB charging ports, adjustability, built-in nurse call and monitoring capabilities, and advanced pressure redistribution mattresses. Offerors must be certified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and provide an authorization letter from the Original Equipment Manufacturer and a signed Limitation on Subcontracting. The contract will be awarded on a Firm-Fixed Price basis, with evaluation factors of Technical, Past Performance, Delivery/Installation, and Price. Offers are due by 10am EDT on 05-30-2024, and delivery and installation must be completed by 09-30-2024.
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36C24824Q1097
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24824Q1098 Leonora Simmons 813-972-7592 05-30-2024 10am
EDT
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X 339113 800 Employees N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page The contractor shall provide products & services in accordance with the SON and the RFQ.
Quoters shall submit a signed Limitation on Sub-contracting and authorization letter from the Original Equipment Manufacturer (OEM).
Note: must use Price/Cost/Schedule when submitting a quote See CONTINUATION Page x x Leonora Simmons Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 2 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF NEED | 4 |
| B.3 PRICE/COST SCHEDULE | 10 |
| B.4 DELIVERY SCHEDULE | 15 |
| SECTION C - CONTRACT CLAUSES | 20 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 20 |
| C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 25 |
| C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) | 28 |
| C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 30 |
| C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 31 |
| C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) | 32 |
| SECTION E - SOLICITATION PROVISIONS | 40 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 40 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 44 |
| E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 47 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 48 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 49 |
| E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 50 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 50 |
| 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 51 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) | 52 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] After Delivery/installation |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF NEED
Spinal Cord Injury (SCI) Specialty Beds A. Background: The James A. Haley Veterans’ Hospital (JAHVH) Medical Center is at 13000 Bruce B. Downs Boulevard in Tampa, Florida. The JAHVH is a tertiary care teaching hospital providing services and patient care to the veterans of Central Florida. The hospital also provides veterans with a full range of inpatient and outpatient care, including medicinal, surgical, psychological, and neurological care.
VA provides care to more than 27,000 Veterans with Spinal Cord Injury and related disorders (SCI/D) each year, making the department the largest healthcare system in the world providing lifelong spinal cord care.
VA is also one of 23 members of the Consortium for Spinal Cord Medicine, an organization founded by Paralyzed Veterans of America (PVA) to care for persons with SCI/D. The consortium makes recommendations to healthcare providers based on site visit findings.
In 2020 Paralyzed Veterans Association conducted a Site Visit and found that many of the beds for Spinal Cord Injury currently have unusable mattresses or are not functional. These beds are high risk for patients developing ulcers or falling while getting in or out of bed. Many beds do not move up or down or have any power functions. They recommend that additional beds must be procured to accommodate the needs of the SCI patients.
Eighty beds are needed to replace the existing beds in the acute and long-term care units (32-Progressa/48 centrella). The existing bed frames and mattresses were purchased in 2006, far exceeding the 10-year approximate life expectancy. All existing bed frames and mattresses are in various stages of disrepair. 90% or more of support surfaces are needed for daily veteran care.
If the necessary equipment isn't purchased to replace the unusable beds, SCI will have to continue renting beds and mattresses. Failure to do so will result in a rise in pressure ulcers in the SCI area, in addition to the ongoing expenses of the existing rentals to fulfill the requirements.
B. Scope: Contractor shall provide and furnish all necessary equipment, labor, supervision, tools, and materials to install beds at James A. Haley’s located at 13000 Bruce B. Downs, Fl. Beds shall be installed and calibrated as specified with manufacturers’ recommendations.
C. Deliverables:
| CLIN # |
| Product 3 |
| Description |
| Quantity |
| 0001 |
| CNT-BASE |
| CENTRELLA SMART+ BED |
| 48 |
| 0002 |
| CNT-PAK355 |
| CNT-PAK355 CNT-355 Bed |
| 48 |
| 0003 |
| CNT-NUL |
| CNT-NUL Nurse Call, UTV, Lighting |
| 48 |
| 0004 |
| CNT-5W |
| CNT-5W 5th Wheel Steering |
| 48 |
| 0005 |
| CNT-AR |
| CNT-AR Accessory Outlet |
| 48 |
| 0006 |
| CNT-PHB |
| CNT-PHB Patient Helper Bracket |
| 48 |
| 0007 |
| CNT-OSI |
| CNT-OSI OSI Patient Helper Sleeve |
| 48 |
| 0008 |
| PRO-BASE |
| Progressa Base Frame |
| 32 |
| 0009 |
| PRO-T |
| Advanced Microclimate Surface |
| 32 |
| 0010 |
| PRO-RT |
| PRO-RT Rotation |
| 32 |
| 0011 |
| PRO-PV |
| PRO-PV Percussion & Vibration |
| 32 |
| 0012 |
| PRO-CE |
| PRO-CE Chair Egress Position |
| 32 |
| 0013 |
| PRO-PMMS |
| PRO-PMMS Patient Migration Mgmt |
| 32 |
| 0014 |
| PRO-NUL |
| PRO-NUL Nurse Call, Univ TV & Lighting |
| 32 |
| 0015 |
| PRO-ID |
| PRO-ID Intellidrive with 6" Casters |
| 32 |
| 0016 |
| PRO-LH |
| PRO-LHV Permanent IV Pole Left Side |
| 32 |
SPECIFIC NEED/SALIENT CHARACTERISTICS:
Minimum Clinical Performance Requirements:
· USB Port - Conveniently charges personal devices.
· Advanced Patient Pendant - Provides personalized patient comfort settings, entertainment controls, and a live nurse call button with visual confirmation of placed calls.
· Device Storage Area - Holds patient's personal items, including devices and reading material.
· Auto Contour Feature - Keeps patients comfortable by elevating the knees when the head is elevated.
· Yourbed.Hill-Rom.com - Informs patients about the benefit of the bed to help optimize their experience.
· Verbal Safety Alerts - easily understandable verbal prompts that caution caregivers and patients: "Brake not set", "Call light not connected", "Please don't get up", "Your care team has been called", "Function not available". Available in 5 different languages for multi-language speakers
· Feature Labeling - Helps caregivers easily identify key features on the bed.
· Safeview®+ System - Helps caregivers monitor bed safety status with easy-to-read floor visual projections.
· Motion-Activated Nightlight - Illuminates the path to guide patients to and from the bed.
· Advanced Slideguard® Feature - Reduces patient migration when the head-of-bed is raised.
· Illumiguide™ Siderail Handgrip - Provides a place to grasp and enhances visibility to safely guide patients back to bed.
· Enhanced 3-Mode Bed Exit - Includes silence, auto reset and visual/audible safety prompts.
· Advanced Caregiver-Focused Technology Graphical Caregiver Interface (GCI)® Touchscreen - Includes flip-up panel, providing quick access to easy-to-use controls.
· Auto Contour Feature keeps the patient comfortable and secure by elevating the knees when the head is elevated.
· Advanced Patient Pendant-provides personalized patient comfort settings, entertainment controls, plus a live nurse call button with visual confirmation of placed calls.
· Device Storage Area- holds patient's personal items, including devices and reading material
· Upgradable platform with open architecture
· Integrated Urinal Holders
· FlexAFoot™ Powered Bed Extend retractable foot mechanism
· Brake Not Set Alarm
· One Button Chair
· Battery Backup
· Digital Angle Indicator
· Built-inin Line and Cord Management
· Drainage Bag Holder
· Smart Bed Ready (Integrated Early Sense (contact-free continuous monitoring)
· Wi-Fi
· Enhanced 3-Mode Bed Exit
· Motion Activated Nightlight
· Stand Assist
· Advanced Slideguard® Feature
· Foley Position Limit
· Dampened Emergency CPR
· Integrated Early Sense (contact-free continuous monitoring)
· Trapeze bracket/sleeve centered on the frame of the bed
· Pumps and blowers integrated into the frame
Mattress
· Targeted Pressure Redistribution-Up to 21% less peak sacral pressure
· Best in Class Comfort- Rated 5X more comfortable
· Integrated Early Sense (contact free continuous monitoring)
Source Considerations:
· Battery Backup
· Voltage 120V
Biomedical Tech Considerations:
- Provides operator Manuals Service Manuals and onsite clinical training on the operation of the bed -Troubleshooting for Biomed at no additional charge and offers specific OME certification with an additional charge The local service center is within 10 miles of the facility
- One-year manufacturer’s warranty provided
- 24/7 service and support
1) Essential/significant physical, functional, or performance characteristics. Salient features have been identified by clinical and technical staff to provide the most appropriate replacement to ensure the best possible patient care. The features below delineate the goals of fall prevention, pressure injury reduction, improved communication, and automatic incontinence detection.
Salient Features:
• Overall width 40" or less
· Early Sense
• Bed Height minimum 14.5 or lower
• Safe Working Load at least 650 lb (295 kg)
• Patient weight range 70 - 500 lb (32 - 227 kg) or more
• 3-mode bed exit with audible alerts
• Motion activated nightlight
• One-button patient stand assist
• Technology to reduce patient sliding while raising the head of the bed
• Foley position limit to ensure Foley bag does not rest on the floor and spill
• Patient head of bed angle display
• Trendelenburg/reverse Trendelenburg
• Emergency CPR mode for emergencies
• Device storage area
• Integrated urinal holders
• Extendable bed length
• Touchscreen interface
• Bed exit silence
• Brake-not-set alert
• One button chair
• Scale
• Battery backup
• Four corner brake and steer
• Line and cord Management
• Four IV pole sockets
• Integrated restraint holders
• Lockout controls
• Head-end traction
• Drainage bag holder
• USB Port – for charging personal devices.
• Patient Pendant – with controls for patient comfort settings, entertainment controls, nurse call button with visual confirmation of placed calls, as well as a holder for patient devices.
• Audible safety alerts to prompt staff and patients Integrated Early Sense (contact-free continuous monitoring)
• Integrated incontinence detection to alert staff of an incontinence event
• Visual indicators for bed status, incontinence, and alarm settings that can be viewed from the patient room doorway
• Motion-Activated Nightlight
· The trapezeze on bed needs to have the capability to be adjusted to the sides and middle of the bed for ease of use for patients
• Illuminated side rail grip
• Magnetic or wireless nurse call cable to eliminate cable breaking
• Integrated and quiet air pump for low air loss mattress
· Earlysense (Ability to monitor heart rate, respiration, effective turning and repositioning, and trends from within the mattress)
• Advanced Low air loss mattress
· Turn Assist
· Moisture and heat reduction
· Weight-baseded pressure redistribution
· Side sitting stability detection
D. Delivery specifications:
1. Period of Performance/Delivery Date: The period of performance is from 06/04/2024- 09/30/2024. Delivery and installation shall be completed no later than 09/30/2024. Late delivery will not be accepted.
2. Address 13000 Bruce B. Downs Blvd, Bldg. 38, Tampa, FL 33612, between 8 am to 4:30 pm. Delivery during the Holiday will not be accepted.
3. Delivery trucks will not be permitted to remain at the loading dock. Trucks shall be unloaded, moved from the dock, and then brought back to the dock if required to haul out any waste, tools, or excess materials. Builds will be delivered to an identified staging area in Spinal Cord Injury.
4. Destination: Beds will be delivered to the staging area in the Spinal Cord Injury Department for pick up by nursing staff to take to the room. A spreadsheet will identify what bed with an EE number is going within each room.
E. Warranty: The contractor is responsible for picking up the defective beds and replacing them with new ones.
F. Training: The vendor shall coordinate through the VA POC to provide a hands-on training session to staff selected by the VA (up to 15). Training shall be completed within 2 days after the final installation of equipment. The vendor shall record the training and provide an electronic copy of the training to the VA POC for the VA to use to train additional personnel at a future date. In addition, the vendor shall provide additional training documents to the VA POC for training additional persons at a future date.
G. Installation:
1. The vendor is required to manage and coordinate installation at the JAHVH with the VA POC.
2. On-site assembly and installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as 0800 to 1630 (i.e.: 8:00 am to 4:30 pm Eastern Standard Time), Monday through Friday, and excluding Federal Holidays. Delivery and installation will take place at 13000 Bruce B. Downs Blvd, Tampa, FL 33612 Spinal Cord Injury Department.
3. During the entire duration of assembly and installation, the vendor shall have a competent representative on-site as the vendor’s contact, and to serve as the interface between the vendor and James A. Haley VA Hospital.
4. On-site representative can be the installer. All instructions provided by VA point of contact to the representative will be binding as if given to the vendor’s main contact. The VA point of contact may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract.
H. Contractor Responsibility/Compliance:
1. Contractor is 100% responsible for compliance with all Veterans Administration (VA), local, state, and federal environmental/occupational safety laws, rules and regulations safety requirements.
2. The contractor must follow life safety codes and take necessary actions to avoid conditions that may be hazardous to health and safety of hospital personnel and patients.
3. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes.
4. Contractor shall unload the equipment from the truck and deliver to specific areas designated by VA’s point of contact upon being received in at the facility warehouse (supply chain management).
5. Uncrating / unboxing the equipment shall be coordinated with POC at the specific location.
6. The removal of waste and/or excess material shall be conducted through the loading dock at the facility warehouse. It is the contractor’s responsible to dispose used crate or boxes and cleaning up areas.
7.There is no area or dumpster available for disposal of waste and materials.
8. Any damage to walls/floors upon delivery of equipment shall be repaired and return to its original condition at no charge to the government.
9. Contractor shall communicate through the VA POC any required coordination requirements.
I. Contractor Employee Identification:
1. contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email).
2. The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract.
3. Contractor employees are required to display this badge at all times when performing services under this contract.
4. Employees released from service by the contractor must have their badge collected by the contractor.
5. All badges must contain an expiration date and photograph of the employee.
6. All contractor employees must also be required to wear VA issued badges and must display these badges at all times while in the performance of this contract and/or as instructed by the VA point of contact.
7. The contractor supervisor must ensure that all contractor employees display their VA issued badges.
8. The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.
J. Contractor Employee Conduct:
1. The contractor is completely responsible for all actions and conduct of their employees.
2. Contractor employees must be well-groomed and neat in appearance.
3. Contract employees must be professional in attire and must not wear any offensive clothing.
4. Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment.
5. Loudness, vulgarity, rudeness, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.
6. Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.
B.3 PRICE/COST SCHEDULE
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 48.00 |
| EA |
| __________________ |
| __________________ |
CENTRELLA SMART+ BED Standard Features: GCI Touchscreen-Left Side Bed Exit Silence Brake Not Set Alarm One Button Chair Battery Backup Digital Angle Indicator Built in Line and Cord Mgmt 4 IV Pole Sockets Integrated Restraint Holders Lockout Controls Drainage Bag Holder Smart Bed Ready (Sidecom Req) Wi-Fi Enhanced 3-Mode Bed Exit Motion Activated Nightlight Stand Assist Advanced Slideguardr Feature Foley Position Limit Patient HOB Angle Display Trend/Rev Trendelenburg Dampened Emergency CPR Patient Storage in Siderail Integrated Urinal Holders FlexAFootT Powered Bed Extend English Language Labels 36" Frame Width 100 to 240 Voltage In Bed-Scale (KG/LBS) PAK355 Includes the following: USB Charger 2nd LCD Touchscreen Patient Pendant HR/RR Monitoring Ready Removable IV Pole Verbal Alerts SafeViewr+ with IllumiGuider MAX Air Surface with Blower Contract Period: Base POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-BASE
| 48.00 |
| EA |
| __________________ |
| __________________ |
CNT-355 Bed
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-PAK355
LOCAL STOCK NUMBER: CNT-PAK355
| 48.00 |
| EA |
| __________________ |
| __________________ |
Nurse Call, UTV, Lighting
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-NUL
LOCAL STOCK NUMBER: CNT-NUL
| 48.00 |
| EA |
| __________________ |
| __________________ |
5th Wheel Steering
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-5W
LOCAL STOCK NUMBER: CNT-5W
| 48.00 |
| EA |
| __________________ |
| __________________ |
Accessory Outlet
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-AR
LOCAL STOCK NUMBER: CNT-AR
| 48.00 |
| EA |
| __________________ |
| __________________ |
Patient Helper Bracket
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-PHB
LOCAL STOCK NUMBER: CNT-PHB
| 48.00 |
| EA |
| __________________ |
| __________________ |
OSI Patient Helper Sleeve
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): CNT-OSI
LOCAL STOCK NUMBER: CNT-OSI
| 32.00 |
| EA |
| __________________ |
| __________________ |
PROGRESSA ICU BED SYSTEM Standard Features: Flex-A-Foot Retractable SlideGuardT Frame Technology 30/45 Degree Head of Bed Alarm Night Light Hands Free Emergency CPR Trendelenburg Point of Care Siderail Controls Obstacle Detect System Drainage Bag Holders Four IV Sockets Patient Controls Backlighting Bed Controls Line Manager PPM, 3 Level Advanced Bed Exit Foot Controls Module Oxygen Tank Holder Point of Care Touch Screen on Both Sides 6" Casters ****************************** Included Options: English Language Labels Voltage: 120 Power Plug: NEMA5-15P (US) Accessory Outlet Caregiver Pendant X-Ray Sleeve In-Bed Scale Dartex Coverlet O2 Tank Holder Module 107.95mm and 112.7mm Straight Power Cord Wireless Connectivity Frame Part Number: P7500A001800
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-BASE
LOCAL STOCK NUMBER: PRO-BASE
| 32.00 |
| EA |
| __________________ |
| __________________ |
Advanced Microclimate Surface
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-T
LOCAL STOCK NUMBER: PRO-T
| 32.00 |
| EA |
| __________________ |
| __________________ |
ROTATION
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-RT
LOCAL STOCK NUMBER: PRO-RT
| 32.00 |
| EA |
| __________________ |
| __________________ |
Percussion & Vibration
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-PV
LOCAL STOCK NUMBER: PRO-PV
| 32.00 |
| EA |
| __________________ |
| __________________ |
Chair Egress Position
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-CE
LOCAL STOCK NUMBER: PRO-CE
| 32.00 |
| EA |
| __________________ |
| __________________ |
Patient Migration Mgmt
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-PMMS
LOCAL STOCK NUMBER: PRO-PMMS
| 32.00 |
| EA |
| __________________ |
| __________________ |
Nurse Call, Univ TV & Lighting
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-NUL
LOCAL STOCK NUMBER: PRO-NUL
| 32.00 |
| EA |
| __________________ |
| __________________ |
Intellidrive with 6" Casters
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-ID
LOCAL STOCK NUMBER: PRO-ID
| 32.00 |
| EA |
| __________________ |
| __________________ |
Permanent IV Pole Left Side
POP Begin: 06-04-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PRO-LH
LOCAL STOCK NUMBER: PRO-LH
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
(813) 972-2000 x6399 sarah.cunningham-ryan@va.gov
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0003 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0004 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0005 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0006 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0007 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 48.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0008 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0009 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0010 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0011 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0012 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0013 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0014 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0015 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
| 0016 |
| SHIP TO: |
| Department of Veterans Affairs |
13000 Bruce B. Downs, Blvd.
Logistics Service (90) Tampa, FL 33612
USA
| 32.00 |
| 06/04/2024-09/302024 |
| MARK FOR: |
| Cunningham-Ryan, Sarah A |
| FOB: |
| DESTINATION |
36C24824Q1097
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).
(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.
(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.
(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6.
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